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(영문) 대전지방법원 2018.05.17 2017나107580
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s claim for preservation against C is established 1) The Plaintiff is an individual entrepreneur who mainly engages in the business of leasing temporary structures with the trade name of “P.” The Plaintiff is a corporation C (hereinafter “C”) by providing the temporary materials related to c (i.e., oil pumps, pipes, and safety launch plates at each of the following sites by supplying them.

(2) Although temporary materials were leased to the Plaintiff, the Plaintiff did not receive a total of KRW 75,405,460 for temporary materials as indicated in the following table. The period of lease of the temporary materials from 1,00 U.S. (won) to 2,50,000 from 2,50 to 29, Jul. 29, 2014 from 22,721,430 to 30, Nov. 20, 2014 from 204 to 22,72,721,430 from 20, Apr. 11, 2014, to 50, 184, 030, 75, 4605, 460) from 3,00 U.S., the Plaintiff filed a lawsuit against the Plaintiff for a similar temporary rent (hereinafter referred to as the “Seoul District Court”).

() On July 27, 2015, the following decisions were made on the recommendation for reconciliation (hereinafter “instant recommendation”) and on August 28, 2015, the said decisions became final and conclusive on August 28, 2015.

(A) (See Evidence 1). (1) A shall be paid KRW 45,00,00 to the Plaintiff in five installments, and KRW 10,000,000 among the five installments shall be paid KRW 15,000 until September 15, 2015, KRW 10,000 until October 15, 2015, KRW 10,000 until November 15, 2015, KRW 10,000 until December 15, 2015, KRW 5,000 until December 15, 2015, respectively.

(2) If the above payment date is delayed at any one time, C shall lose the benefit of the time and shall immediately pay the remainder of the money excluding the money paid up to the time from 100,000,000,000 won, and shall pay the remainder of the interest plus damages for delay calculated at the rate of 20% per annum from the day following the day of loss of the benefit of the time

C did not pay KRW 10,00,000 on September 15, 2015, which was determined by the decision of recommending reconciliation in this case.

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